Neck / cervical spine decisions — 2004

The VA denied an increased disability rating for the veteran's service-connected cervical spine disability, currently rated at 30 percent.

The Board has determined that the veteran's appeals for service connection for various conditions, including high cholesterol, shortness of breath, skin disorders, sleep disorder, migraine headaches, watery eyes, right knee chondromalacia, cervical spine disability, hypertension, coronary artery disease, and benign posterior auricular node are denied. The appeal is dismissed.

The Board found that arthritis of the cervical spine was incurred in active service and granted the veteran's claim for service connection.

The Board has denied the veteran's claims for service connection for a cervical spine disorder, headache disorder, and an acquired psychiatric disorder. The evidence did not show that these conditions were incurred in or aggravated by military service.

The veteran's service-connected degenerative joint diseases of the lumbosacral, cervical, and thoracic spines are currently rated at 20 percent each. The Board finds that these ratings are appropriate.

The Board denied the veteran's claims for reopening service connection for various disabilities, finding that no new and material evidence had been submitted to link these conditions to his military service.

The veteran's claim for an increased rating for his thoracic spine disability was denied. His application to reopen a claim of service connection for respiratory disability, including asthma and bronchitis, was granted. Service connection was established for degenerative disc disease at L5-L6 and L6-S1 as secondary to his service-connected thoracic spine disability. However, the veteran's cervical spine disability was not found to be related to or aggravated by his service-connected thoracic spine disability.

The veteran's claim for special monthly pension based on the need for regular aid and attendance or being housebound is remanded due to incomplete VA records, inadequate VCAA notice, and the need for a VA examination.

The veteran is seeking service connection for various disabilities, including a left foot disability, low back disability, cervical spine disability, and residuals of a closed head injury. The Board has ordered additional development to obtain relevant medical records and provide the veteran with an examination to determine the etiology of these conditions.

The veteran's claim for an increased rating for his service-connected cervical spine disability is being remanded for further development, including a VA examination to assess the current severity of his condition and consider both old and new criteria.

The Board denied the veteran's claims for effective dates prior to September 24, 1992 for service connection of his cervical spine and lower extremity disabilities.,The RO had previously granted service connection for these conditions with effective dates from December 15, 1994.

The Board has granted service connection for cervical spine degenerative joint disease and evaluated sinusitis at a 10 percent disability rating. The veteran's claim for reopening the cervical spine condition was successful, as new evidence supported his claim.

The Board has determined that the veteran's current cervical spine disorder, which began during service and is now diagnosed, was incurred in service. Therefore, service connection for this disability is granted.

The Board has determined that the veteran's service-connected cervical spine and lumbosacral spine disabilities do not warrant increased ratings under the applicable rating criteria.

The Board denied increased disability ratings for the veteran's service-connected cervical and thoracic/lumbar spine disabilities due to his failure to report for VA examinations scheduled in February 2001, November 2001, and May 2002.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for aggravation of a cervical spine disability resulting from VA surgery was granted, and the effective date is set to December 19, 1996 (the date of the surgery). The claims for an earlier effective date for service connection and for an increased rating remain pending.

The Board has remanded the case for additional development due to the need to obtain Social Security Administration records and medical records relied upon concerning those records.

The Board found that the veteran's disabilities do not meet the criteria for special monthly pension benefits based on the need for regular aid and attendance of another person or at the housebound rate.

The Board has determined that the veteran's cervical-dorsal spine disability is currently rated at the maximum allowable under the rating schedule, and his right shoulder radiculopathy and left shoulder injury are also rated at their highest levels. No new evidence was provided to reopen service connection claims for pes planus with right bunionectomy, residuals of a right knee meniscectomy, and chronic low back disability.

The Board found no evidence to support the veteran's claims of cervical and lumbar spine disorders having origins in service, thus denying them.